The protection of State Secrets in the Russian Federation. Selected penal and administrative regulations Cover Image

Ochrona tajemnicy państwowej w Federacji Rosyjskiej. Wybrane regulacje karne i administracyjne
The protection of State Secrets in the Russian Federation. Selected penal and administrative regulations

Author(s): Rafał Wądołowski
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Security and defense, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: secret service; penal code; disclosure; classified information; security background investigation; security clearance

Summary/Abstract: The article discusses the administrative regulations regarding the disclosure of secret and top-secret information in the Russian Federation. Moreover, it presents the effective penal code provisions directed against the disclosure of state secrets in Russia and the interpretation of these provisions. The author does not limit himself only to Russian constitutional, administrative and criminal regulations but gives examples of Polish corresponding laws. Additionally, in connection with the fact that criminal law provisions often contain non-specific references to other legislation, the article presents administrative acts of the protection system of public secrets. On the basis of the formulated conclusions, it was recognised that the Polish legislation lacks an individual provision penalising the fact of obtaining secret or top-secret information as a result of committing a separate unlawful act. It can be the basis to formulate postulates de lege ferenda. It should be noted that the article does not exhaust the topic, but only indicates selected issues of the protection system of state secrets in Russia. Initiated study can be used to carry out in-depth comparative research on this topic in the future.

  • Issue Year: 13/2021
  • Issue No: 24
  • Page Range: 63-90
  • Page Count: 28
  • Language: Polish